Patna High Court
Pinki KumariversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner, Pinki Kumari.
Summary
Pinki Kumari, wife of Ankush Kumar, applied for regular bail in a case registered under Sections 189(2), 126(2), 115, 352, 109 and 85 of the Bihar Penal Code (BNS) and Sections 3 and 4 of the Dowry Prohibition Act. The prosecution alleged that the informant’s husband, Arun Kumar, failed to meet a dowry demand of Rs 2 lakh, leading to cruelty, assault and an attempted murder attempt on 03‑08‑2024, with Pinki Kumari and other in‑laws accused of taking the victim to a forest and assaulting her. The petitioner’s counsel argued that the charges were vague, that Pinki Kumari is a sister‑in‑law with no criminal antecedent, and that co‑accused of similar standing had already been granted bail. The State’s Additional Prosecutor opposed bail, citing the seriousness of the offences. Considering the lack of prior record, the similarity to other bail‑granted co‑accused, and the petitioner’s gender, the court inclined to enlarge bail. Consequently, the court ordered her release on a bail bond of Rs 10,000 with two sureties of the same amount.
Issues considered
- Whether regular bail should be granted to Pinki Kumari despite the serious nature of the offences alleged under the BNS and Dowry Prohibition Act.
- Whether the allegations against the petitioner are sufficiently specific to deny bail.
- Whether the grant of bail to co‑accused of similar standing mandates similar relief for the petitioner.
Legislation cited
- Bihar Penal Code (BNS) — s. 109, 115, 126(2), 189(2), 352, 85
- Dowry Prohibition Act — s. 3, 4
Subjects
- regular bail
- dowry harassment
- assault
- Indian Penal Code
- Dowry Prohibition Act
- gender
- domestic violence
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90051 of 2025
Arising Out of PS. Case No.-279 Year-2024 Thana- KHIJARSARAI District- Gaya
======================================================
Pinki Kumari Wife of Ankush Kumar Resident of Village - Pathar Nadira,
P.S.- Khizersarai, District - Gaya Ji
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sapna Kumari Wife of Arun Kumar R/o Village - Pathra, P.S. - Khizersarai,
DIst. - Gaya Ji.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ujjawal Kumar Singh, Advocate
For the Opposite Party/s : Mr. Manoj Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 27-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Sections 189(2),
126(2), 115, 352, 109 and 85 of the BNS and under Sections 3 and
4 of the Dowry Prohibition Act.
3. The case of the prosecution, in short, is that the
informant was married with one Arun Kumar and they were
having a daughter out of the wedlock. The allegation is that the
informant was subjected to cruelty on account of non-fulfillment
of dowry demand of Rupees Two Lakh. On 03.08.2024, the
petitioner along with other in-laws on pretext of watching fair
organized in Barabar Mountain, took her to a secluded place in
forest and assaulted her with slaps, fists and bricks and thinking
Patna High Court CR. MISC. No.90051 of 2025(2) dt.27-01-2026
2/2
her to be dead, the assailants fled away.
4. Learned counsel for the petitioner submits that the
allegation against the petitioner is general and omnibus. Learned
counsel has further submitted that the petitioner is sister-in-law of
the informant and is in custody since 23.09.2025. Learned counsel
for the petitioner has further submitted that even the husband and
other similarly situated co-accused have been granted bail by the
learned Co-ordinate Benches vide Cr. Misc. Nos. 52672 of 2025
and 4558 of 2025. The case of this petitioner stands on similar
footing. Learned counsel for the petitioner has lastly submitted
that the petitioner is a lady having no criminal antecedent.
5. Learned Additional Prosecutor for the State has
vehemently opposed the bail application of the petitioner.
6. Considering the aforesaid facts and circumstances of
the case, this court is inclined to enlarge the petitioner on bail. The
above named petitioner is directed to be released on bail in
connection with Khizersarai P.S. Case No. 279 of 2024 on
furnishing bail bond of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Judicial Magistrate- 1st Class, Gaya Jee.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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